Legal Opinion

Joseph Gaito v. Honorable Henry Ellenbogen, Honorable J. Frank Graff, Honorable William C. Sennett, Honorable Robert W. Duggan and A. T. Prasse

Court of Appeals for the Third Circuit

Decided April 28, 1970No. 18039_1PublishedCited by 35 opinions

1Opinion of the Court

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This is an appeal from an order of April 17, 1969, dismissing plaintiff’s civil rights complaint against various state officials.

The basic facts in this case appear to be undisputed. Plaintiff was convicted on February 19, 1960, of armed robbery, assault with intent to kill, and carrying a concealed deadly weapon, and was sentenced to 18 to 42 years’ imprisonment. He took no direct appeal from this sentence.

On May 16, 1968, plaintiff filed a 111-page petition in the state court under the Pennsylvania Post-Conviction Hearing Act, alleging errors…

2Cases cited12 opinions

  1. Pierson v. RaySupreme Court of the United States · 1967
  2. William J. Bauers, Jr. v. Herbert T. Heisel, JrCourt of Appeals for the Third Circuit · 1966
  3. Johnny Wayne Gurley v. Superior Court of Mecklenburg CountyCourt of Appeals for the Fourth Circuit · 1969
  4. Negrich v. HohnCourt of Appeals for the Third Circuit · 1967
  5. Aileen Henig, a Minor Together With Ludwig Henig and Geneva M. Henig, Her Parents v. Rocco A. OdoriosoCourt of Appeals for the Third Circuit · 1967

7 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. James Harvey Johnson v. Warden Noah Alldredge and Corrections Officer CronrathCourt of Appeals for the Third Circuit · 1973
  2. Robinson v. McCorkleCourt of Appeals for the Third Circuit · 1972
  3. Joseph X. Bethea v. Joseph J. Reid, Agent, Federal Bureau of Investigation, Newark, New Jersey, Etal.Court of Appeals for the Third Circuit · 1971
  4. Conover v. MontemuroCourt of Appeals for the Third Circuit · 1973
  5. Frank J. Marcedes, Jr. v. Thomas E. Barrett, Clerk of CourtsCourt of Appeals for the Third Circuit · 1971

30 more not listed; retrieve them via the Exa API.

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